Date of Decision: March 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Bassoonist
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge of the Work of Others in the Same or Allied Field:
The petitioner satisfied this criterion by providing evidence of judging the work of others in her field. - Display of Work in the Field at Artistic Exhibitions or Showcases:
The petitioner provided evidence of her performances in several concerts and musical events, which were considered artistic exhibitions or showcases.
Criteria Not Met:
- Published Material About the Individual in Professional or Major Media:
The petitioner submitted articles from various publications, but they were not established as professional or major trade publications. Furthermore, the provided circulation data did not sufficiently prove that these publications had a national rather than regional reach within China. - Leading or Critical Role for Distinguished Organizations or Establishments:
The petitioner failed to demonstrate that her role as a principal bassoonist constituted a leading role for the overall organization. She did not provide sufficient evidence to show her influence over the organization’s reputation or success.
Key Points from the Decision
Awards and Prizes Won:
- Not applicable as no major internationally recognized awards were cited.
Published Materials About the Petitioner:
- The publications included Qilu Evening News and Morning Post, among others, but did not meet the necessary criteria to be considered major media.
Original Contributions of Major Significance:
- The petitioner did not pursue this criterion on appeal.
Participation as a Judge:
- Evidence of the petitioner’s participation as a judge in her field was accepted.
Membership in Associations:
- This criterion was not pursued on appeal.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- The petitioner’s role as a principal bassoonist was not sufficient to meet this criterion.
Artistic Exhibitions or Showcases:
- The petitioner’s performances were accepted as meeting this criterion.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Judging Participation:
Evidence was provided and accepted. - Artistic Exhibitions or Showcases:
Detailed descriptions of musical performances and venues were provided and accepted.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not meet the necessary initial evidence requirements or provide sufficient documentation to fulfill at least three of the ten evidentiary criteria. The evidence provided did not establish that she had achieved sustained national or international acclaim or that she was among the small percentage at the very top of her field.
Next Steps:
- The petitioner may consider gathering more substantial evidence to support the criteria not met or explore alternative visa classifications if applicable.
